10-21-1975 Regular Meeting
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MINUTES
REGULAR MEETING
NQ 1196
A Regular Meeting of the City Council of the City of Clermont was held in the
Council Chambers on Tuesday, October 21, 1975. The meeting was called to order at
7:30 P. M. by Mayor Claude E. Smoak, Jr., with the following members present:
Councilmen Oswalt, Byrd~ Schroedel, and Blackburn. Other officials present were:'
City Manager Hopkins, City Attorney Baird, City Clerk Carroll, City Finance Director
DeDier, Director of Community Services Smythe, and Chief of Police Tyndal. Others
present were: Mrs. Bobbi Dean and The Messrs. Czech, Hill, Mobley, Hillary, Sargent,
Beals, and Crowson.
The invocation was given by Councilman Byrd, followed by repeating of the Pledge
of Allegiance in unison by those present.
The Minutes of the Regular Meeting held September 23~ 1975 and of the Special
Meeting held September 29, 1975 were approved as written.
Mayor Smoak announc~d the first order of business to be a Public Hearing to consider
the request of Frank Hillary for a Variance to Section 26-23 (E) (2) (R-3 ZONE-
SETBACKS) of the Zoning Ordinance in order to construct a carport on his property
described as: E 16.251 of Lot 27; W 35' of Lot 28 in Block 51 of Crestview Sub-
division. Mr. Hillary appeared before Council in support of his request, and had
previously submitted a letter of approval from his abutting property owner. Mr.
Hillary explained that in order to construct a carport at the end of an existing
paved driveway, it would be an encroachment of three feet on the side yard setback.
Upon inquiry by Mayor Smoak, there was no one present who voiced objection to
the request, whereupon motion was made by Councilman Byrd, seconded by Councilman
Schroedel and carried that the request be granted.
Mayor Smoak announced the next order of business to be a Public Hearing to consider
the request of Willie Hill for a Variance to Article Vlll, Section 26-45 (GENERAL
PROVISIONS-SIDE YARD ON CORNER LOT) of the Zoning Ordinance in order to construct
an addition to his residence located on Lot 15 in Block 6 of Woodlawn Replat Sub-
division. Mr. Hill appeared before Council in support of his request, and advised that
in order to construct an addition to the west side of his residence, being the only
logical side for an addition, it would be an..~mcroachment on the required side yard
setback of three feet. Upon inquiry by Mayor Smoak, there was no one present who
voiced objection to the request, whereupon motion was made by Councilman Schroedel,
seconded by Councilman Oswalt and carried that the request be granted.
Mr. C. A. Mobley appeared bef~re Council and requested permission to utilize the
remaining portion of the former A.M.E. church building at 477 Highway # 50, which
he had acquired, in order to restore/rebuild it for use as an office building, and
on which he had been refused a building permit to do so. Upon inquiry to City Manager
Hopkins as to background information of the matter, he advised that prior to
acquisition of the building by Mr. Mobley, and following a fire of the building, it
had been determined by the Fire Chief and the Building Official to be damaged in
excess of 50% and thereby not repairable; That subsequently it had been condemned
and was to be torn down. He further advised that use of the building as a church at
the time of the fire was non-conforming. City Attorney Baird advised the non-conforming
use would have been lost following the fire if the damage was in excess of 50%.
It was the contention of Mr. Mobley that the building had not been damaged to that
extent. Mr. MObley was advised that this was not a matter for Council consideration,
that it would be necessary for him to follow a set procedure of making application
for an appeal to the Building Code Board of Appeals.
Mayor Smoak introduced and extended welcome to F. W. DeDier, the newly employed city
finance officer.
City Manager Hopkins advised Council of the recent death of M. J. Barnes, a member
of the city's Plumbing Board, and the need for a replacement to be named. City
Manager Hopkins was requested to submit a list of locally licensed plumbers for
Council's consideration.
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MINUTES
NQ 1197
City Finance Director DeDier reported to Council that the annual audit of the city's
books was in progress, and hopefully, would be completed within a sixty day period.
He further reported that the city's cash flow had been good, and that the cash
carryover had been invested in 30 day certificates of deposit.
Mayor Smoak reported as follows: That an invitation had been extended to all
members of the city administration to appear in the Christmas Parade to be held on
December 4th, and that any who would be willing~ should notify City Manager Hopkins
in order that transportation may be made available; and, That he felt the recent
Lake County League of Cities meeting held in Mount Dora to which Congressman Richard
Kelly had been invited to speak, was a very informative and interesting one. He
reported that Congressman Kelly commented that their members~ especially those
in the House of Representatives, spent their first two years in Congress voting
on enough legislature to keep them popular enough with their constituents back
home to insure their re-election for a second term, and that he had chided all present
with regards complaints which are "aired" and discussed regularly, but never forwarded
directly to the legislators who have been elected to represent their interests.
Mr. Dave Crowson of Dawkins & Associates, Inc. appeared before Council to advise
that the assessments for the sanitary sewer construction in Minnehaha Estates
had been completed~ and he submitted copies of the assessment map. He further
advised that inasmuch as this assessment map reflected differences on nine parcels
as opposed to the initial assessment map as prepared by their predecessors, there
might be a change in the status of the city's bond requirements and possibly should
be investigated prior to the bond validation suit scheduled in November. City
Attorney Baird was requested to investigate this matter, and City Manager Hopkins
advised he would be in contact with Attorney Vas on regarding the matter also.
With regards the recommendations of Dr. H. Russell Fogler that contributions to
the city employees pension fund be made on a quarterly basis rather than annually,
motion was made by Councilman Byrd, seconded by Councilman Oswalt and unanimously
carried that this recommendation be accepted and contributions be made in December,
March, June and September. Motion was then made by Councilman Oswalt, seconded by
Councilman Byrd and unanimously carried that an annual meeting of Council and the
pension trust officer be held as soon as possible following receipt of the trust
officer's annual report, in order to review it.
Following a request by City Manager Hopkins of Department Heads to survey their
various departments for possible property on hand which has become unnecessary or
unfit for the city.s use and could be declared as surplus and offered for sale, Mr.
Hopkins submitted a list of items and recommended that they be declared as surplus
and bids be solicited for their purchase. Inquiry was made of City Attorney Baird if
there be anything to prohibit the city from placing the items on display with a
minimum cost of each, and he replied in the negative. City Manager Hopkins and
Community Services Director Smythe were requested to evaluate the items and place
a minimum bid cost on each.
Following the Public Hearing held by Council on October 20th to review the proposed
city charter as prepared by the Charter Revision Committee, and at which hearing
additional changes were proposed, Council again reviewed the proposed charter in its
entirety with City Attorney Baird inserting all changes as directed by Council.
Motion was made by Councilman Byrd, seconded by Councilman Blackburn and unanimously
carried that City Attorney Biard be requested to prepare the necessary Emergency
EnactmentWrdinance for Council's consideration at their meeting to be held on
October 28th in order that the question of a new Clty charter mlght be placed on the
ballot of the General Election to be held on December 2, 1970.
Chief Tyndal reminded all present of the "HELP STOP CRIME" programs sponsored by the
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MINUTES
NQ 119B
local department to be held in Jenkins Auditorium on November 4th.
The meeting was adjourned by Mayor Smoak at 9:15 P. M.
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Claude E. Smoak, Jr., Mayor
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Dolores W. Carroll, City Clerk
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